Terms & Conditions

COPYRIGHT AND PRIVACY STATEMENTS

Terms and Conditions - August 2017

1. Basis of agreement

All orders shall be executed on the basis of these General Terms and Conditions which may be changed at any time without prior notice by Helicopter Services Malta Ltd (hereafter HSML). At the latest with the acceptance of the article/service by the customer, these terms and conditions shall be regarded as accepted. Only those customer specific amendments and additions to these terms that are made in writing and signed by both parties are valid. Any special terms or conditions of the customer shall not, unless explicitly stated in the HSML order acknowledgement, impose any liability on HSML.

2. Quotations and orders

Quotations expire without notice 14 days after the date of the offer. HSML shall only be bound by an order acknowledgement or agreement in writing. Quotations from HSML may be based on information that HSML has received from its vendors. In case that contrary to HSML's expectations, delivery of parts or services cannot be affected in accordance with the terms stated by the vendor, HSML reserves the right to change or withdraw the offer at any time. All orders submitted to HSML in writing, verbal, by telephone, electronically or by any other means shall be binding for the customer as from HSML’s receipt thereof.

The customer shall not be entitled to assign its rights, obligations or interests in this Contract to a third Party without the prior, written consent of HSML.

3. Order confirmation

A written order confirmation shall be provided only by explicit request of the customer.

4. Prices

Prices quoted by HSML are based on the prices of HSML’s vendors or sub-contractors valid at the date of the offer, or at the date of the order acceptance and the prevailing rates of exchange and customs duties per said date. Accordingly HSML reserves the right to make such adjustments to the prices quoted as might follow from changes in the above matters and occurring prior to completion of HSML’s invoice. Additional work not quoted but recognized only during the performance of the work ordered, but affecting the airworthiness of the aircraft or product may be carried out without particular authorization of the customer, unless other arrangements have been agreed by HSML in writing. HSML will pay attention that the costs and/or additional downtime of these additional tasks will not become unproportional to the ordered scope of work. HSML will issue price lists for several aircraft types, or services which may be updated from time to time. HSML reserves the right to invoice the services of sub-contractors or service providers as well as customer delivered parts with a mark-up as per the valid pricelists. Paper and Inspection work may be charged separately up to 10 percent of the man-hours used. When work is ordered outside of HSML's Base or Line Maintenance locations, HSML‘s obligations from the acceptance of the order shall be fulfilled with the start of any proceedings by HSML. If a daily rate has been agreed upon, this shall mean that the maximum man-hours shall still be limited by legal requirements applicable.

5. Terms and conditions of payment

Payment shall be made prior to the release of the aircraft or component, if no other written and signed agreements have been made. HSML reserves the right to set for any customer, an individual credit limit or demand advance payment or demand payment prior to delivery. On work performed exceeding customer’s agreed credit limit, HSML reserves the right to forward invoices upon receipt of the order and as the work progresses. The customer shall not be entitled to withhold any payments or part thereof. The ownership of goods shall remain with HSML until all outstanding payments resulting from the business relationship have been settled in full. In case payment is overdue, HSML shall without demand or legal request be entitled to interest on the overdue amount. The interest rate applied shall be that provided in Article 26A, 26B and 26C of the commercial code – Chapter 13 of the Laws of Malta. Interest shall be charged every month To secure payment of any claim against the customer, including claims in respect of previously supplied goods and services as well as claims for damages in tort, HSML shall have a legal right of lien from contract of work and the right of retention respectively with respect to goods handed over for repair as well as to any other property of the customer in HSML’s possession. HSML shall have a right of retention whether or not it has granted credit terms.

In the absence of any prior written and signed agreements HSML shall not be required to accept any other means of payment other than cash, either in Euros or US Dollars or bank transfers in these two currencies, as noted in the invoice. All costs incurred for discounting, exchange of currencies and collecting shall be at the customer’s expense.

6. Slot reservation

HSML is entitled to receive up to 20% of the quoted costs of a maintenance layover at the time of a firm slot reservation.

7. Transportation and parking

Transportation to and from HSML's facilities shall be at the customer’s expense and risk. If a customer for any reason does not collect the aircraft or other item or it is not released due to disputes regarding the payment, HSML reserves the right to move and park the aircraft or other item on the airport parking space, or any other suitable space, for the account and risk of the additional cost which arise thereof, even in such case HSML’s own parking space is utilized.

8. Delivery, Force majeure

Customer’s own terms of delivery or terms for execution of the work shall not be binding for HSML even where such terms have been stated on the order and acknowledged by HSML. HSML will make every endeavor to meet agreed terms to the extent possible but shall not accept any liability for delays. The customer on his part shall not be entitled to any damages in the event of postponement of such terms. Where execution of the work is not possible by reason of force majeure HSML shall without notice be entitled to postpone execution of the work or cancel the order. In such event the customer shall not be entitled to raise any claims for damages or losses against HSML The following circumstances shall, inter alia, be deemed to constitute force majeure: war, warlike conditions, insurrection and civil disturbances, decisions or acts of any authority (national municipal, port, airport or transport authorities etc. ) strike, lockout, fire, non-delivery or defective supplies from sub-suppliers, accidents during repair work, during testing or in transit, or any other circumstances beyond the control of HSML.

9. Operation of Aircraft

The customer approves that HSML shall be entitled to perform maintenance-flights, run-ups or the operation of any aircraft system, or application related to the order considered necessary by HSML without further or prior approval. HSML shall ensure that only properly qualified and licensed personnel shall perform such endeavour.

10. Acceptance

Acceptance of the work performed shall be performed at the premises of HSML or at any location determined by mutual consent. There shall be no obligation for HSML to check or verify the authorization of the person collecting the object of performance or the license of such person or persons to move or fly the aircraft. Acceptance shall be deemed as granted, if the customer will have failed to take delivery of the aircraft or product within a period of 3 (three) days after being notified of the completion of the work or the forwarding of the provisional or final invoice to the customer.

11. Passing of risks

All risks shall pass to the customer at the moment of the acceptance of work or if the customer is in default of acceptance as per § 9. Risks shall equally pass to the customer if and when the transport of the aircraft or component or appliance to its destination will be performed by HSML. If the customer wishes the aircraft or component or appliance to be delivered, this delivery shall be made to the account and at the risk of the customer.

12. Warranty, Liability and Indemnity

HSML undertakes for a period or six months or one hundred flying hours – whichever comes first – to remedy defects or shortcomings in goods supplied, or work performed by HSML employed personnel. HSML shall not be under any obligation to remedy defects caused by wrong or inexpedient maintenance or misapplication, exposure to extraordinary climatic conditions or circumstances which may directly or indirectly result from repair work, modifications or technical intervention carried out by any other than HSML and without the intervention of HSML. Moreover HSML excludes liability for goods, spare parts materials or assistance rendered by suppliers or sub-suppliers of HSML, but undertakes an obligation to assist the customer in enforcing any claims against such parties. No warranty shall be entertained for customer delivered spares, or used exchange components and parts.

HSML's liability shall be limited to repairing or replacing parts repaired or supplied by HSML on condition:a.) that claims in writing are made forthwith at such time as the defect has been or should have been detected, but not later than 7 days after the first detection of the failure. If no written complaint will be submitted within the said period of time, any such claim shall become null and void.b.) that the defective goods are returned to HSML.c.) that all transport charges are prepaid by the customer.d.) that no repair attempts have been made by other persons than authorised HSML technical personnele.) that after recognizing the defect no further attempts have been made to operate the system or appliance in question, without explicit approval of HSML in writing.

HSML’s liability shall be limited to remedying as described above and HSML explicitly disclaims liability for any indirect loss suffered by the customer, including consequential loss, lost wages as well as loss caused by the customer non-performance of his obligations to any third party. As an alternative to remedying defects HSML may elect to issue a credit note. HSML shall be liable towards the customer for any property damage or bodily injury only, where it is proved that such damage or injury was caused by the gross negligence or the wilful misconduct on the part of HSML, its directors, officers, employees or agents. The customer shall indemnify and hold harmless HSML, its directors, officers, employees or agents from and against all claims of third parties related to damages, loss injury or death unless such damage, loss injury or death is caused by the gross negligence or the wilful misconduct of HSML, its directors, officers, employees or agents. The liability and indemnification include all necessary costs, expenses and fees incident thereto. However, under no circumstances shall HSML, be liable for any indirect, incidental or consequential loss.

If agreed and in consent with the customer that HSML agreed to settle the customer’s warranty claims with any supplier, the customer shall bear any costs arising out of such endeavour. HSML shall be entitled to immediate settlement of the warranty claim including HSML’s charges by the customer, in case of denied warranty.

13. Retention of Title

HSML shall retain title and property for all spares and accessories, as well as components and/ or replacement units until all claims regarding the business relationship between HSML, one of its subsidiaries or partner organizations will have been settled and paid in full. In any case where HSML's property became absorbed by incorporation as result of assembly, incorporation, processing, repair, installation, compounding etc. then HSML shall, at the ratio of the values and services which were supplied by HSML become co-owner of the object concerned for which the products or services were supplied and delivered. Whenever services and/or spares delivered or provided by HSML were covered under special agreements between the customer and third parties, HSML shall receive the right to become the primary beneficiary of such agreements.

The customer shall be entitled to sell, rent or lease the object which is subject to such retention of title only with the explicit approval of HSML, following a written agreement how the unsettled claims to which HSML is entitled to will be secured. The customer shall notify HSML immediately if any third party or parties were to proceed to an attachment or seizure of any of the objects subject to HSML's retention of title or claims so assigned to HSML. Any and all costs occasioned by any potential intervention shall be paid in full by the customer.

14. Right of Retention and Lien

HSML shall also have the right to claim and enforce such retention and contractual lien on grounds of claims. HSML shall have the right of retention as well as a contractual lien over and in respect of the object or objects which became possessed by HSML as a result of an order, to cover all of the claims resulting from such order. These rights shall be valid independently of the customer’s proprietary rights for maintenance services rendered, delivery of spares, or any other services provided at earlier dates, insofar as these services were rendered in any way to the object of performance or having been ordered by the operator of the object of performance.

15. Final provisions

If any term or provision in these terms and conditions shall be held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of this document but the validity and enforceability of the remainder of this document shall not be affected.

Any and all legal disputes arising out or in connection with HSML’s delivery to or work for the customer shall be settled in Malta and governed by Maltese law for all work-orders accepted by Helicopter Services Malta Ltd.

HSML shall be entitled to bring a case in front of the court of Justice which has general competence of jurisdiction for the domicile of the customer’s principal location of business.

COPYRIGHT

Copyright in the content of this website is owned by Helicopter Services Malta Limited and its affiliated companies. You are permitted to download and print content from the website solely for your own internal business purposes and/or personal use, but the website content must not be copied, reproduced, re-transmitted, used or otherwise dealt with for any other reason.

You are not entitled to modify or redistribute the content of this website or reproduce, link or frame it on any other website without the express written permission of Helicopter Services Malta Limited. Nor are you entitled to use the content of the website for commercial exploitation in any circumstances.

Names, images and logos identifying Helicopter Services Malta Limited / HSML or third parties and their products and services are proprietary marks of Helicopter Services Malta Limited and/or those third parties. No authority is granted to any third party for the use of those names, images and logos.

PRIVACY

Your privacy is important to us and we are committed to protecting and respecting it. We only use the information you provide about yourself and your company on or to our website to answer your enquiries or to help us improve our services to you. We do not share this information with any third party outside of HSML except to the extent required by law or regulation or necessary to answer your enquiry, if that enquiry requires the involvement of a third party. We use return email addresses to answer emails we receive. Such addresses are not used for any other purpose and are not shared with third parties outside HSML.

When using this website, you are not required to provide us with any personal information and we do not monitor or collect any personally identifiable information from you on your use of the public portions of this website. We may, however, track the number of users who visit areas of the website, but this tracking will not identify you.

If you choose to supply us with personally identifiable data, such as your name, address, telephone number and email address, we will not sell or transfer any of this information to any third party. Any information supplied will be handled in accordance with the Data Protection Act 2002.

Our website may contain links to other websites. Please note that we are not responsible for the privacy policies of such other websites and advise you to read the privacy policies of each website you visit which collects personal information.

This privacy statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

This privacy policy is governed by and construed in accordance with the laws of the republic of Malta and relevant EU legislation.

TRANSPORT OF DANGEROUS GOODS

What are dangerous goods?

Dangerous goods are items or substances that when transported by aircraft are a risk to health, safety, property or the environment.